La transazione stipulata su un contratto illecito e su un titolo nullo

This contract has always been some interest in scholars of different historical periods, which have primarily addressed some profiles, namely: the constitutive or declarative nature, the "res dubia" and reciprocal concessions and the concept of "caput controversum ". This research aims to explore the theme of the transaction concluded on an unlawful contract and on a null title. It is a theme of particular interest, since it involves the Roman dogma of the intangibility of the settlement agreement, which is necessary to revisit the light of the new perspective drawn from European private law. In other words, the transaction is no longer possible to attribute the effectiveness of the final judgment. Conversely, like any other contract, it produces effects between the parties. In this new perspective should read Article. 1472 of the Civil Code, which must be the instrument to allow contractors to bring down the veil of inviolability fell with the transaction on the agreement reached by the contractors